Lawyers for detained Australian Robert Pether have complained to the United Nations about his treatment by Iraq, claiming he violates international law and is a classic case of arbitrary detention. Pether was held in a Baghdad prison for 84 days on unknown charges, which appear to stem from a tradeRead More →

Bombay (Maharashtra) [India]June 23 (ANI/BusinessWire India): SVKM’s NMIMS, reputed to be a university, one of India’s leading educational institutions with a 40-year legacy of academic excellence, has introduced criminal law as a new majoring in his Master of Laws (LL.M.) at Kirit P. Mehta School of Law (KPMSOL) in Mumbai.Read More →

In previous articles, I have argued that legal conventions form de facto common law and that de facto common law remedies many shortcomings of our statutory criminal law system. Despite these criminal law conventions, however, significant problems of over-criminalization remain. Generally speaking, problems of over-criminalization arise in areas of criminalRead More →

In this article, I want to explore in more depth two characteristics of criminal law conventions: custom and obligation. There are two main theories of the common law. The predominant theory today, influenced by realistic jurists, is that the common law is a form of jurisprudential law, that is, judgesRead More →